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Thursday, 14 February 2019
Page: 10387


The PRESIDENT (20:18): The Senate will first consider the amendment on sheet EU114, circulated by the government. The question is that the amendments to that amendment, circulated by Centre Alliance on sheet 8651 and sheet 8631, be agreed to.

Centre Alliance 's circulated amendments—

SHEET 8651—INDUSTRIAL CHEMICALS BILL 2017

(1) Amendment (1), after paragraph 96A(2)(a), insert:

(aa) contain information the person had regard to in determining that the introduction would be an exempted introduction; and

(2) Amendment (1), after subsection 96A(3), insert:

(3A) The Executive Director must, as soon as reasonably practicable after receiving the declaration, publish the declaration on the AICIS website.

(3B) However, the Executive Director must delete from the declaration as published any information in the declaration that is protected information.

SHEET 8631—INDUSTRIAL CHEMICALS BILL 2017

(1) Page 25 (after line 28), after clause 24, insert:

24A Introductions not authorised as exempted or reported introductions strict liability offence and civil penalty provision

(1) A person contravenes this subsection if:

(a) the person introduces an industrial chemical on the basis the introduction is authorised by section 26 or 27; and

(b) the introduction is not authorised by section 26 or 27.

(2) Subsection (1) does not apply if the introduction of the industrial chemical is otherwise authorised under this act.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Codeand section 96 of the Regulatory Powers Act).

(3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 120 penalty units.

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 1000 penalty units.

24B Introductions not authorised as exempted or reported introductions—fault- based offence

(1) A person commits an offence if:

(a) the person introduces an industrial chemical on the basis the introduction is authorised by section 26 or 27; and

(b) the introduction is not authorised by section 26 or 27; and

(c) the person knew, or was reckless or negligent as to the fact, the introduction was not authorised by section 26 or 27.

(2) Subsection (1) does not apply if the introduction of the industrial chemical is otherwise authorised under this act.

Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Penalty for individuals

(3) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than five years, a fine not more than 2,000 penalty units, or both.

Penalty for body corporate

(4) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:

(a) 4,000 penalty units;

(b) 2 per cent of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the industrial chemical was introduced.

(5) For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:

(a) supplies made from any of those bodies corporate to any other of those bodies corporate;

(b) supplies that are input taxed;

(c) supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999);

(d) supplies that are not made in connection with an enterprise that the body corporate carries on.

(6) Expressions used in subsection (5) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in that subsection as they have in that Act.

(7) The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001.

Alternative verdict

(8) In a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence under section 24A if:

(a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1); and

(b) the trier of fact is satisfied that the defendant is guilty of the offence under section 24A; and

(c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

24C Criminal liability of executive officers of bodies corporates in relation to introductions of industrial chemicals

(1) An executive officer of a body corporate contravenes this subsection if:

(a) the body corporate commits an offence under section 24A or 24B; and

(b) the executive officer knew that, or was reckless or negligent as to whether, the offence would be committed; and

(c) the officer was in a position to influence the conduct of the body corporate in relation to the commission of the offence; and

(d) the officer failed to take all reasonable steps to prevent the commission of the offence.

(2) The maximum penalty for an offence against subsection (1) is the maximum penalty that a court could impose in respect of an individual for the offence committed by the body corporate.

(3) An executive officer of a body corporate means a person (whether or not a director of the body) who is concerned in, or takes part in, the management of the body.

(2) Clause 97, page 81 (after line 14), after paragraph (2)(b), insert:

(ba) contain information the person had regard to in determining that the proposed introduction would be a reported introduction; and

(3) Clause 97, page 81 (lines 22 to 24), omit paragraphs (3)(b) and (c), substitute:

(b) the proposed end use for the industrial chemical.

(4) Page 82 (after line 7), after subclause 97(5), add:

(6) The Executive Director must, as soon as reasonably practicable after receiving the report, publish on the AICIS website the information mentioned in paragraph (2)(ba).

(5) Page 82 (after line 13), after clause 98, insert:

98A Reports for exempted introduction

(1) If a person introduces an industrial chemical on the basis the introduction is an exempted introduction, the person must give the Executive Director a report in accordance with subsection (2) as soon as reasonably practicable after the industrial chemical's introduction.

(2) The report must:

(a) be in the approved form; and

(b) contain information the person had regard to in determining that the introduction would be an exempted introduction; and

(c) be accompanied by any fee prescribed by the rules for the purposes of this paragraph.

(3) The Executive Director must, as soon as reasonably practicable after receiving the report, publish the report on the AICIS website.

(4) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

(6) Page 86 (after line 4), after clause 101, insert:

101A Publication of information relating to risks of an industrial chemical to human health or the environment

(1) The Executive Director must cause to be published, as soon as reasonably practicable, on the AICIS website any information relating to the risks of an industrial chemical to human health or the environment that was relied on in determining:

(a) whether the industrial chemical is to be listed on the inventory; or

(b) whether the introduction of the industrial chemical is an exempted introduction; or

(c) whether the introduction of the industrial chemical is a reported introduction; or

(d) whether an assessment certificate, commercial evaluation authorisation or exceptional circumstances authorisation for the introduction of the industrial chemical should be issued.

Note: The Executive Director may disclose protected information if the information is disclosed in the course of exercising powers, or performing functions or duties, under this act (see section 116).

(2) To avoid doubt, the Executive Director is to publish the information even if the information is protected information.

Question negatived.

The PRESIDENT: The question now is that the amendment on sheet EU114, the amendments on sheets MP102, EU117, MP104 and EU130, and the requests on sheets EU127, EU129 and EU128, circulated by the government, be agreed to.

Government ' s circulated amendments—

SHEET EU114—INDUSTRIAL CHEMICALS BILL 2017

(1) Page 81 (before line 2), before clause 97, insert:

96A Post -introduction declarations for exempted introductions

(1) A person contravenes this subsection if:

(a) the person first introduces an industrial chemical during a registration year; and

(b) the introduction is an exempted introduction; and

(c) the person does not make the declaration mentioned in subsection (2) within 4 months after the start of the last month of that registration year.

(2) The declaration must:

(a) be in the approved form; and

(b) contain the information prescribed by the rules for the purposes of this paragraph for the type of exempted introduction.

(3) The rules may prescribe circumstances in which subsection (1) does not apply.

(4) A person commits an offence if the person contravenes subsection (1).

Penalty: 300 penalty units.

(5) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 60 penalty units.

(6) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 300 penalty units.

SHEET MP102—INDUSTRIAL CHEMICALS BILL 2017

(1) Clause 2, page 2 (table item 2), omit the table item, substitute:

2. Sections 3 to 180

1 July 2020.

1 July 2020

(2) Clause 9, page 14 (line 22), omit "1 September 2018", substitute "1 September 2020".

(3) Clause 103, page 88 (lines 9 and 10), omit "1 July 2018", substitute "1 July 2020".

(4) Clause 168, page 137 (line 7), omit "1 July 2018", substitute "1 July 2020".

SHEET EU117—INDUSTRIAL CHEMICALS BILL 2017

(1) Clause 11, page 17 (line 2), after "Parts 1, 4, 7, 9 and 10", insert "and Division 4 of Part 6".

(2) Clause 26, page 26 (line 29), at the end of subclause (3), add:

; (e) the volume of the industrial chemical that is introduced in a period.

(3) Clause 27, page 27 (line 29), at the end of subclause (3), add:

; (f) the volume of the industrial chemical that is introduced in a period.

(4) Clause 41, page 35 (lines 17 and 18), omit "to remove the person as a holder of the certificate", substitute "to be removed as a holder of the certificate".

(5) Clause 86, page 72 (line 28), omit "has conducted an evaluation", substitute "has completed an evaluation".

(6) Clause 95, page 78 (line 29), omit "has conducted an evaluation", substitute "has completed an evaluation".

(7) Clause 102, page 87 (line 7), after "must", insert ", or must not,".

(8) Clause 102, page 87 (lines 16 and 17), omit subclause (3), substitute:

(3) Without limiting paragraph (1) (b), the rules may:

(a) prescribe different requirements for different categories of introduction; and

(b) prescribe a requirement that a person must obtain the approval of the Executive Director before having regard to particular information in determining the category of introduction.

(9) Page 97 (after line 26), after clause 113, insert:

113A Executive Director may request further information

(1) The Executive Director may, by written notice given to an applicant, request further information to be provided for the purposes of considering the application.

(2) The information must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

(3) If the requested information is not provided within the period mentioned in subsection (2), the Executive Director may take the application to be withdrawn.

(10) Clause 117, page 101 (line 1), omit paragraph (2) (a), substitute:

(a) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);

(11) Clause 163, page 130 (line 10), after "conditions", insert "or restrictions".

(12) Clause 163, page 130 (after line 11), after subclause (1), insert:

(1A) Without limiting paragraph (1) (b), the conditions or restrictions that may be imposed include that the introduction or export of the industrial chemical must be approved by the Executive Director.

(1B) A person may apply to the Executive Director for the approval.

(13) Clause 166, page 134 (at the end of the table), add:

20

A decision under the rules that is specified in the rules to be a decision that is reviewable under this section

The provision specified in the rules as the provision under which the decision is made

(14) Clause 167, page 136 (after line 4), after paragraph (1) (d), insert:

(da) subject to subsection (1B), not contain any information prescribed by the rules for the purposes of this paragraph; and

(15) Clause 167, page 136 (after line 11), after subclause (1), insert:

(1A) To avoid doubt:

(a) the rules may provide for applications to be made under the rules; and

(b) this section applies in relation to such applications.

(1B) The rules may provide that the restriction in paragraph (1) (da) does not apply in relation to particular information, if the inclusion of the information in the application is approved by the Executive Director.

(16) Clause 167, page 136 (line 13), after "this Act", insert "or the rules".

(17) Clause 169, page 140 (after table item 10), insert:

10A

Information is requested from an applicant under section 113A

The day notice of the request is given

The earlier of:

(a) the day a complete response is given to the request; or

(b) the last day of the period specified in the notice in accordance with subsection 113A(2)

(18) Clause 169, page 140 (at the end of the table), add:

12

A circumstance prescribed by the rules for the purposes of this item

The day prescribed by the rules for the purposes of this item

The day prescribed by the rules for the purposes of this item

SHEET MP104—INDUSTRIAL CHEMICALS (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2017

(1) Schedule 2, item 1, page 5 (line 20), omit "1 July 2018", substitute "1 July 2020".

(2) Schedule 2, item 2, page 6 (line 4), omit "1 July 2018", substitute "1 July 2020".

(3) Schedule 2, item 2, page 6 (line 8), omit "1 July 2018", substitute "1 July 2020".

(4) Schedule 2, item 2, page 6 (line 12), omit "1 July 2018", substitute "1 July 2020".

(5) Schedule 2, item 2, page 6 (line 16), omit "1 July 2018", substitute "1 July 2020".

(6) Schedule 2, item 3, page 6 (lines 18 and 19), omit "1September 2017", substitute "1September 2019".

(7) Schedule 2, item 3, page 6 (line 21), omit "1 July 2018", substitute "1 July 2020".

(8) Schedule 2, item 3, page 6 (line 23), omit "1 September 2017", substitute "1 September 2019".

(9) Schedule 2, item 5, page 7 (line 8), omit "1July 2018", substitute "1July 2020".

(10) Schedule 2, item 5, page 7 (line 10), omit "1 July 2018", substitute "1 July 2020".

(11) Schedule 2, item 6, page 8 (line 3), omit "1 July 2018", substitute "1 July 2020".

(12) Schedule 2, item 6, page 8 (line 5), omit "1 July 2018", substitute "1 July 2020".

(13) Schedule 2, item 6, page 8 (line 8), omit "1 July 2018", substitute "1 July 2020".

(14) Schedule 2, item 6, page 8 (line 19), omit "1 July 2018", substitute "1 July 2020".

(15) Schedule 2, item 7, page 8 (line 24), omit "1 July 2018", substitute "1 July 2020".

(16) Schedule 2, item 8, page 9 (lines 4 and 5), omit "on and after 1 July 2018, in relation to the registration year beginning on 1 September 2017", substitute "on and after 1 July 2020, in relation to the registration year beginning on 1 September 2019".

(17) Schedule 2, item 9, page 9 (lines 8 to 10), omit "1 July 2018, the person was registered under the old law in relation to the registration year beginning on 1 September 2018", substitute 1 July 2020, the person was registered under the old law in relation to the registration year beginning on 1 September 2020".

(18) Schedule 2, item 9, page 9 (lines 13 to 15), omit "1 July 2018, to be registered under the new law for the registration year beginning on 1 September 2018", substitute "1 July 2020, to be registered under the new law for the registration year beginning on 1 September 2020".

(19) Schedule 2, item 10, page 9 (line 29), omit "1 September 2018", substitute "1 September 2020".

(20) Schedule 2, item 10, page 9 (line 30), omit "1 July 2018", substitute "1 July 2020".

(21) Schedule 2, item 10, page 10 (line 3), omit "1 July 2018", substitute "1 July 2020".

(22) Schedule 2, item 11, page 11 (line 6), omit "1 July 2018", substitute "1 July 2020".

(23) Schedule 2, item 11, page 11 (line 9), omit "1 July 2018", substitute "1 July 2020".

(24) Schedule 2, item 11, page 11 (line 12), omit "1 July 2018", substitute "1 July 2020".

(25) Schedule 2, item 13, page 12 (line 5), omit "1 July 2018", substitute "1 July 2020".

(26) Schedule 2, item 13, page 12 (line 8), omit "1 July 2018", substitute "1 July 2020".

(27) Schedule 2, item 17, page 12 (line 29), omit "1 July 2018", substitute "1 July 2020".

(28) Schedule 2, item 17, page 13 (lines 1 and 2), omit "1 July 2018", substitute "1 July 2020".

(29) Schedule 2, item 17, page 13 (line 5), omit "1 July 2018", substitute "1 July 2020".

(30) Schedule 2, item 18, page 13 (line 28), omit "1 July 2018", substitute "1 July 2020".

(31) Schedule 2, item 18, page 13 (line 31), omit "1 July 2018", substitute "1 July 2020".

(32) Schedule 2, item 19, page 14 (line 5), omit "1 July 2018", substitute "1 July 2020".

(33) Schedule 2, item 19, page 14 (line 8), omit "1 July 2018", substitute "1 July 2020".

(34) Schedule 2, item 19, page 14 (line 11), omit "1 July 2018", substitute "1 July 2020".

(35) Schedule 2, item 21, page 15 (line 9), omit "1 July 2018", substitute "1 July 2020".

(36) Schedule 2, item 21, page 15 (line 12), omit "1 July 2018", substitute "1 July 2020".

(37) Schedule 2, item 26, page 16 (line 11), omit "1 July 2018", substitute "1 July 2020".

(38) Schedule 2, item 26, page 16 (line 14), omit "1 July 2018", substitute "1 July 2020".

(39) Schedule 2, item 26, page 16 (line 17), omit "1 July 2018", substitute "1 July 2020".

(40) Schedule 2, item 28, page 17 (line 13), omit "1 July 2018", substitute "1 July 2020".

(41) Schedule 2, item 28, page 17 (line 16), omit "1 July 2018", substitute "1 July 2020".

(42) Schedule 2, item 33, page 18 (line 16), omit "1 September 2017", substitute "1 September 2019".

(43) Schedule 2, item 33, page 18 (line 25), omit "1 July 2019", substitute "1 July 2021".

(44) Schedule 2, item 33, page 18 (line 29), omit "1 July 2018", substitute "1 July 2020".

(45) Schedule 2, item 34, page 19 (line 7), omit "1 September 2017", substitute "1 September 2019".

(46) Schedule 2, item 34, page 19 (line 15), omit "1 July 2019", substitute "1 July 2021".

(47) Schedule 2, item 34, page 19 (line 18), omit "1 July 2018", substitute "1 July 2020".

(48) Schedule 2, item 35, page 20 (lines 3 and 4), omit "1 July 2018", substitute "1 July 2020".

(49) Schedule 2, item 35, page 20 (line 8), omit "1 July 2018", substitute "1 July 2020".

(50) Schedule 2, item 37, page 21 (line 16), omit "1 July 2018", substitute "1 July 2020".

(51) Schedule 2, item 37, page 21 (line 19), omit "1 July 2018", substitute "1 July 2020".

(52) Schedule 2, item 39, page 23 (line 5), omit "1 July 2018", substitute "1 July 2020".

(53) Schedule 2, item 39, page 23 (line 10), omit "1 July 2018", substitute "1 July 2020".

(54) Schedule 2, item 40, page 23 (line 19), omit "1 July 2018", substitute "1 July 2020".

(55) Schedule 2, item 40, page 23 (line 23), omit "1 July 2018", substitute "1 July 2020".

(56) Schedule 2, item 41, page 24 (line 18), omit "1 July 2018", substitute "1 July 2020".

(57) Schedule 2, item 41, page 24 (line 21), omit "1 July 2018", substitute "1 July 2020".

(58) Schedule 2, item 42, page 24 (line 30), omit "1 July 2018", substitute "1 July 2020".

(59) Schedule 2, item 42, page 25 (line 1), omit "1 July 2018", substitute "1 July 2020".

(60) Schedule 2, item 43, page 25 (line 25), omit "1 July 2018", substitute "1 July 2020".

(61) Schedule 2, item 48, page 29 (line 8), omit "1July 2018", substitute "1July 2020".

(62) Schedule 2, item 48, page 29 (line 10), omit "1 July 2018", substitute "1 July 2020".

(63) Schedule 2, item 48, page 29 (line 15), omit "1 July 2018", substitute "1 July 2020".

(64) Schedule 2, item 50, page 30 (line 15), omit "1 July 2020", substitute "1 July 2022".

(65) Schedule 2, item 50, page 30 (line 19), omit "1 July 2020", substitute "1 July 2022".

SHEET EU130—INDUSTRIAL CHEMICALS (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2017

(1) Schedule 2, item 4, page 7 (lines 1 to 5), omit paragraph (1) (b), substitute:

(b) until that decision is made, a permit granted under subsection 30A(3) of the old law is taken to be an authorisation for the introduction of the industrial chemical for the purposes of paragraph 24(1) (b) of the new law so long as the introduction is in accordance with any conditions that are specified in the permit under subsection 30A(10) of the old law.

(2) Schedule 2, item 11, page 11 (line 23), omit "(other than paragraph (2) (e))".

(3) Schedule 2, item 18, page 13 (lines 22 to 27), omit paragraph (1) (a), substitute:

(a) the application is for a commercial evaluation permit relating to an industrial chemical under subsection 21B(1) of the old law; and

(4) Schedule 2, item 21, page 15 (lines 3 to 8), omit paragraph (1) (a), substitute:

(a) the application is for a low volume permit in respect of an industrial chemical under subsection 21R(1) of the old law; and

(5) Schedule 2, item 28, page 17 (lines 7 to 12), omit paragraph (1) (a), substitute:

(a) the application is for a controlled use permit in respect of an industrial chemical under subsection 22B(1) of the old law; and

Government's circulated requests for amendments—

SHEET EU127—INDUSTRIAL CHEMICALS CHARGES (CUSTOMS) BILL 2017

(1) Clause 7, page 3 (line 24), after "registration year", insert "or a financial year".

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (1)

The effect of this amendment is to permit the regulations to prescribe different charges or methods depending on the value of industrial chemicals introduced by a person during a financial year, rather than a registration year. It is covered by section 53 because the bill is a proposed law imposing taxation.

Industrial Chemicals Charges (Customs) Bill 2017

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

This is a bill imposing taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation and, therefore, any amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.

SHEET EU129—INDUSTRIAL CHEMICALS CHARGES (GENERAL) BILL 2017

(1) Clause 7, page 3 (line 27), after "registration year", insert "or a financial year".

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (1)

The effect of this amendment is to permit the regulations to prescribe different charges or methods depending on the value of industrial chemicals introduced by a person during a financial year, rather than a registration year. It is covered by section 53 because the bill is a proposed law imposing taxation.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

This is a bill imposing taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation and, therefore, any amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.

SHEET EU128—INDUSTRIAL CHEMICALS CHARGES (EXCISE) BILL 2017

(1) Clause 7, page 3 (line 24), after "registration year", insert "or a financial year".

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (1)

The effect of this amendment is to permit the regulations to prescribe different charges or methods depending on the value of industrial chemicals introduced by a person during a financial year, rather than a registration year. It is covered by section 53 because the bill is a proposed law imposing taxation.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (1)

This is a bill imposing taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation and, therefore, any amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.

Question agreed to.

The PRESIDENT: I want to clarify that the following amendments were withdrawn earlier. I understand that the amendments circulated by the Greens on sheet 8211 have been withdrawn. I understand that the amendments circulated by the opposition on sheet 8196 revised have been withdrawn. I understand that the amendments on sheet 8201 revised 2, circulated by the Greens, Centre Alliance, Derryn Hinch's Justice Party and the opposition, have been withdrawn by agreement.